Legal Question in Medical Leave in North Carolina
Receiving payment
Is it required that I apply for Short-Term Disability in order to be eligible for the Family Medical Leave Act to begin getting paid?
Asked on 2/18/03, 3:37 pm
1 Answer from Attorneys
Jim Griffin
The Law Office of James L. Griffin
Re: Receiving payment
No. It is not required to be placed on leave per FMLA. However, the FMLA only provides for extended leave after your paid leave is used up. FMLA is a non-paid leave. The company may pay if that is their policy but they are not required to provide you a paycheck while on FMLA. Short term disability and FMLA are two distinct animals. You are being asked to sign-up for short term disability in order for you to receive some pay while on leave. You do not have to sign for these benefits in order to be eligible for FMLA.
Hope this helps.
Answered on 2/18/03, 10:24 pm